City of Culver City, California
Agenda Item Report
Meeting Date: 12/05/2011 Item Number: C-5
CITY COUNCIL AGENDA ITEM: Adoption of a Resolution Approving an
Encroachment Agreement with Time Warner Cable for Use of the Public Rights-of-
Way on Bristol Parkway
Contact Person/Dept.:
Lee Torres/PW
Phone Number:
(310) 253-5623
Fiscal Impact: Yes [] No [x] General Fund: Yes [] No [x]
Public Hearing: [] Action Item: [] Attachments: [x]
Commission Action Required: Yes [] No [X] Date: _______________
Public Notification: (E-Mail) Agenda and Meetings – City Council (12/1/11) and Culver
City News on (12/01/11)
Department Approval:
Charles D. Herbertson (11/22/11)
City Attorney Approval: Carol A. Schwab
(by R. Miranda) (11/29/11)
Chief Financial Officer Approval:
Jeff Muir (11/29/11)
City Manager Approval:
John M. Nachbar (11/29/11)
RECOMMENDATION:
Staff recommends that the City Council adopt a resolution approving an
Encroachment Agreement with Time Warner Cable (Time Warner) to install fiber
optic telecommunication cable along Bristol Parkway.
BACKGROUND/ DISCUSSION:
Time Warner is proposing to install fiber optic telecommunication cable along Bristol
Parkway to provide commercial fiber service to 6029 Bristol Parkway. The fiber
optic cable will tie-in to an existing vault located on the east side of Bristol Parkway,
north of Hannum Avenue. From the tie-in, 665 feet of new fiber optic cable will be
installed in a southerly direction along the east side of Bristol Parkway, to a new 24”
x 36” CATV vault south of Hannum Avenue. From this new CATV vault, an 80’ fiber
optic cable will be installed, westerly, across Bristol Parkway to another new 24” x
36” CATV vault. Two (2) additional 24” x 36” CATV vaults will be required to be
installed due to the street crossing at Hannum Avenue.
Legal Framework
Time Warner is the holder of a statewide video franchise issued by the California
Public Utilities Commission. This statewide franchise authorizes Time Warner to
access cities’ rights-of-way for the purpose of constructing and maintaining
telecommunication lines and video facilities along and upon cities’ public rights-of-
way. The related federal and state laws require that municipalities allow the City of Culver City, California
Agenda Item Report
installation of Time Warner’s telecommunication or video facilities but allow
municipalities to impose reasonable time, place and manner regulations pertaining
to construction of telecommunications facilities within the City’s rights-of-way.
The City’s time, place and manner regulations will be documented in an
Encroachment Agreement between the City and Time Warner. To protect the City’s
interests, this agreement will contain provisions requiring that Time Warner repair
any damage to City property, carry adequate liability insurance, defend the City if it
is sued for damages caused by Time Warner, and post a performance bond prior to
commencing work on this project.
FISCAL ANALYSIS:
Per Section 11.20.025B of the Culver City Municipal Code, the City may collect an
application fee as compensation for City staff time expended in reviewing
telecommunication applications. Based on Resolution No. 2011-R027, the City’s
Fee Resolution for Fiscal Year 2010/2011, a fee in the amount of $3,850 was paid
by Inland Engineering Services, Inc., Time Warner’s Consulting Engineer, on
November 22, 2011.
ATTACHMENT:
• Proposed Resolution
• System Exhibit
MOTION:
That the City Council:
1. Adopt a resolution approving an Encroachment Agreement with
Time Warner Cable; and,
2. Authorize the City Attorney to review/prepare the necessary documents; and,
3. Authorize the City Manager to execute such documents on behalf of the City.
MEETING DATE: 12/05/11
AGENDA ITEM:
Adoption of a Resolution Approving an Encroachment Agreement
with Time Warner Cable for Use of the Public Rights-of-Way on
Bristol Parkway
ATTACHMENTS
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1 Resolution, Proposed 1-2
2 System Exhibit 3 1
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RESOLUTION NO. 2011-R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CULVER CITY, CALIFORNIA, APPROVING AN
ENCROACHMENT AGREEMENT WITH TIME WARNER
NY CABLE, LLG.
WHEREAS, Time Warner NY Cable, LLC ("Time Warner Cable") is the holder
of a state video franchise, issued pursuant to the Digital Infrastructure and Video
Competition Act of 2006, authorizing it to provide cable video services in Culver City;
WHEREAS, Time Warner Cable's state video franchise also authorizes it to
install conduit, fiber optic cables and related telecommunication facilities within municipal
rights-of-way;
WHEREAS, Time Warner Cable has applied for a permit to encroach upon
Culver City's public rights-of-way in order to install conduit, fiber optic cables and related
telecommunication facilities;
WHEREAS, the City of Culver City is authorized to regulate the time, place
and manner of the placement of telecommunication or video facilities in its public rights-of-
ay;
WHEREAS, the City of Culver City regulates the time, place and manner of
the placement of telecommunication or video facilities in its public rights-of-way through the
issuance of encroachment permits;
WHEREAS, Section 11.20.025(D) of the Culver City Municipal Code provides
that issuance of encroachment permits is subject to approval by the Culver City City
Council.
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A11-00777
ATTEST: APPROVED AS TO FORM:
MARTIN COLE, City Clerk
DOES HEREBY RESOLVE, as follows:
1. The encroachment permit application submitted by Time Warner Cable
is hereby approved.
2. The City Manager is authorized to execute the related Encroachment
Agreement on behalf of the City of Culver City.
APPROVED and ADOPTED this day of 2010.
NOW, THEREFORE, the City Council of the City of Culver City, California,
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CAROL A. SCHWAB,
City Attorney
MICHEAL O'LEARY, MAYOR
City of Culver City, California PROP 24"x36"
4' PARKWAY
5' SIDEWALK
EX. TWO
VAULT
PROP 205 OF 3"
PVC CONDUIT FROM
VAULT TO VAULT
PROP 245x36"
CA-11/ VAULT
BRISTOL PKWY
PROP 210' OF 3"
HANNUM AVE
PVC CONDUIT FROM
VAULT TO VAULT
LEGEND
PROPOSED BORE
PROPOSED CATV VAULT
EXISTING TWC
v
-TWC-
PROP 250' OF 3"
PVC CONDUIT FROM
VAULT TO VAULT
SCALE 1=100'
PROP 24"x36"
CAN VAULT
CATV VAULT
PROP 24%36"
PROP 80' OF 3"
PVC CONDUIT FROM
VAULT TO VAULT
'A
NO. MATERIAL
1 3" PVC CONDUIT
2 PLACE 24"X36" OATV VAULT
FOOTAGE
745'
CATV VAULT
BILL CE MATERIALS
TIME WARNER
MO S. PROMENADE AVE sum 102,
CORONA, CA 92874
1250 CORONA POINTE SUITE 388 CORONA CA 92879
OFFICE: . 951_273.1814 FAX 951.273.1818
ADDRESS/TITLE:
6029 BRISTOL PKWY
CULVER CITY, CA. 90230
PROJECT: 6029 BRISTO
PKWY
SYSTEM EXHIBIT